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2021 Supreme(Online)(Ker) 44623

KERALA HIGH COURT
A. M. Shaffique, J
Kwality Pharmaceuticals Ltd. (M/s.) v. State of Kerala and Another


Advocates:
For the Appellants/Petitioners: Sri. P. Chandrasekhar
For the Respondents: Smt. Princy Xavier, Sri. M. Ajay

1. This writ petition is filed by the petitioner a company registered under the Indian Companies Act, 1956, engaged in manufacture and supply of pharmaceutical products, challenging Ext.P12 order passed by the Kerala Medical Services Corporation Ltd., blacklisting the petitioner for a period of three years and Ext.P14 order passed by the State Government in the appeal preferred by the company, affirming the order of the 2nd respondent. Material facts for the disposal of the writ petition are as follows:

2. Petitioner was a successful bidder for the supply of pharmaceutical products to the 2nd respondent for 30 drugs for the year 2016-17. In terms of Clause 6.22 and Clause 6.23 of the tender document, petitioner had furnished required security deposit and entered into agreement with the 2nd respondent, evident from Ext.P2. It is the case of the petitioner that, it had been supplying pharmaceutical drugs as per the purchase orders issued by the 2nd respondent, promptly While so, 2nd respondent as per Ext.P3 letter dated 20.03.2017 informed the petitioner that purchase orders in respect of Fluphenazine Decanoate ING IP 25 mgl ML Amp, Haloperidol ING IP 5mg / 1 ML Amp, Phenytoin Sodium




















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